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To include in a separation agreement

  • halflifedecay
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7 years 5 months ago #394467 by halflifedecay
To include in a separation agreement was created by halflifedecay
My stbx and I have come to an agreement. I’m not 100% happy but it gets us moving forward and putting the FH on the market.

I am aware that a separation agreement isn’t as legally watertight as a consent order , but that’s the route we’re taking.

I’m filling out the wikivorce / Brethertons questionnaire and would like to know if anyone has suggestions for additional clauses to be included? I will already be requesting inclusion of “If either parent is unavailable either to collect from school , drop off to school, an evening or overnight, the other parent is to be given first refusal”

I’m wondering whether it’s worthwhile stating a notice period required prior to any changes to the planned schedule and/or holidays over a few days

Anything else worth adding?

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  • dukey
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7 years 5 months ago #394468 by dukey
Replied by dukey on topic Re:To include in a separation agreement
Err separation agreements are about money and assets not child contact , sorry.

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  • halflifedecay
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7 years 5 months ago #394471 by halflifedecay
Replied by halflifedecay on topic Re:To include in a separation agreement
Uh, I''m confused then - the info on wikivorce / Brethertons on this page states the following

Your separation agreement can deal with the following:

Maintenance for a spouse or child
The matrimonial home and other property dealt with
Life insurance policies and endowments
ISA''s and Peps
Stocks and shares
Pension sharing arrangements
Cars and other vehicles
Business and company assets
Tax issues and liabilities
Residence and contact (custody & access)

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  • rubytuesday
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7 years 5 months ago #394475 by rubytuesday
Replied by rubytuesday on topic Re:To include in a separation agreement
Separation Agreements do usually deal with finances/property etc, but they can also detail the agreements regarding the arrangements for the children. It''s not unknown for a separating couple to cover both finances and child issues in a SA.

Halfli - don''t worry too much about trying to make your questionnaire content sound "legal" - that''s the solicitor''s job. Just write it in plain English.

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7 years 5 months ago #394477 by dukey
Replied by dukey on topic Re:To include in a separation agreement
I should have explained a little more fully.

You can include child arrangements but they are subject to fairly fluid change, so lets say you include them and you or she disagrees down the line, the recourse is mediation or if all else fails court.

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7 years 5 months ago #394479 by rubytuesday
Replied by rubytuesday on topic Re:To include in a separation agreement
It''s important to note that SA''s are not legally binding, or enforceable, but if written properly by a solicitor, they may carry some weight in Court if the agreement is broken by either party in any way (at the very least they show that the couple have managed to previously agree on matters). When a couple aren''t considering divorcing for a while, it''s better to have a SA than to not have one to regulate the finances (and where appropriate the child issues).

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  • halflifedecay
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7 years 5 months ago #394480 by halflifedecay
Replied by halflifedecay on topic Re:To include in a separation agreement
Thanks to you both for clarifying.

While I''m aware they are not enforceable, if the clauses are in there, my stbx will find it harder to deviate from them :)
And also easier if they''re not - I can picture it now "that''s not what we agreed!"

Is there anything else worth considering for inclusion though?

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